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STATE v. MILLER

No. A08-1304.

State of Minnesota, Respondent, v. Jeffrey Allan Miller, Appellant.

Court of Appeals of Minnesota.

June 23, 2009.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, MN and

Steven M. Tallen, Tallen and Baertschi, Minneapolis, MN (for respondent).

Daniel L. Gerdts, Brink & Gerdts, P.A., Minneapolis, MN (for appellant).

Considered and decided by Johnson, Presiding Judge; Ross, Judge; and Crippen, Judge.

UNPUBLISHED OPINION

JOHNSON, Judge.

Jeffrey Allan Miller was convicted of third-degree driving while impaired (DWI) and careless driving. On appeal, Miller argues that the district court erred by denying his discovery motion concerning the source code of the Intoxilyzer 5000EN breath-test machine and his motion to suppress the result of a test that revealed an elevated blood-alcohol concentration. We affirm.

FACTS

On April 22, 2008, a police...

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